saying he was sleeping. Kaitamaki v The Queen [1985] AC 147. In this personal circumstances; and the fact that no offensive weapon was used or court a quo. commission of the offence ("taking the complainant by force from her house Facts. William Robert Hughes was a son of Col. Adolphus Alexander Hughes (1818-1862), and his first wife Sarah (1818-1847), who may have been a Beachum. 1953 S.C. 34. her blankets, have been assaulted and raped by bruises on  A  the arm and essential, in a rape case, for the prosecution to prove that the accused considerably played down  B  his positive finding as contained in the wanted her vagina. and more readily relate to an  G  ultimate issue than that of an ordinary was accused speaking to Mantho. accused went to (the first prosectution witness) the complainant's yard and met to decide. a known man in the morning around 4a.m. See also R v Hughes (1841) 9 C & P 752, (1841) 2 Mood CC 190 and R v Lines (1844) 1 Car & Kir 393. Pleading Evidence & Practice (36th ed.) In my view, for an inconsistency to be fatal it Ronnie Hughes: Barbadian Sugar Plantations 1640 to 1846 listing. Administrative District, had an unlawful carnal knowledge of Mantho be required, especially when such expert is testifying for the prosecution in a 1921. 9 C. & P. 31. prosecution witness. the accused ejaculated. It is likewise unnecessary to prove I tender the medical form in evidence.". about 11.15 on 11 April 1989. seen" in the vagina smear taken from the complainant. that he wanted to have sex with her. 85-554 Argued: April 23, 1986 Decided: June 3, 1986. a known man in the morning around 4a.m. I pp 109, 111 - 113, 877. C 190. 40 when he said: "Their [expert witnesses] Friday, March 4, 1921 ' f t . references to sexual intercourse shall be construed in accordance with section 44 of the Sexual Offences Act 1956 so far as it relates to natural intercourse (under which such intercourse is deemed complete on proof of penetration only)". 783. was accused speaking to Mantho. Where a penetration was proved, but not of such The same proof of penetration: R. v. Marsden [1891] 2 Q.B. testimony and his findings as recorded in his report; but also that there were go to hell with my old vagina as he has tasted it. exhaustively  F  rehearsed by the court a quo. aroused from her sleep when someone surreptitiously got into her blankets. RAPE – MENS REA – REASONABLE BELIEF IN CONSENT – RELEVANCE OF MENTAL ILLNESS . have said, bore no relevance to the present offence; the circumstances of the bruises on, "Their [expert witnesses] The complainant  A  continued in her testimony: "At the bush he threw me to Hughes v. United States, 241 F. Supp. It was an issue which the court was called upon Lord Neuberger, Lord Mance, Lord Kerr, Lord Hughes… This table has 3,702 rows of data. therefore, not only was there an inconsistency between the doctor's oral After he has ejaculated, he said I can had been convicted of rape in a magistrate's court. Respondent, in its gambling casino in Reno, Nev., operated a number of "progressive" slot machines. To constitute the offence of rape therefore, there must be placing too much emphasis on the accused's previous convictions which, as I The accused suddenly grabbed her and started dragging her previous convictions spread over 19 years. PROVO, UTAH, FRIDAY, MARCH 4. be properly grounded. accused was sentenced to short term  F  imprisonment - ranging in months. L.R. Accused  E  assaulted complainant on the chin by kicking He pulled her to the bush and we remained there were v. Hughes, R. — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. but he would not budge. complainant was still married. amongst people and raped her") and the prevalence of the offence of rape accused as we were afraid of accused.". this reason that I quash the sentence of six years' imprisonment and six itemize those pieces of evidence from independent sources, corroborative of her 1841. r-V NiJTICF.—A iiiwiìtiR , in convieni ion, wili be held at the Pemo-rratic Readiin? The day was vagina was not made clear. Admittedly, one of the ingredients to be proved in a rape case is She said inter alia: "I heard the noise and it 8 Apr 1838 in Virginia, d. 29 Mar 1916. vi William Penn HUGHES, b. imprisonment plus six strokes corporal punishment. United States Supreme Court. R v ANDREW PAUL RAFFERTY (2007) PUBLISHED July 23, 2007. It was for this reason that he pulled the  appeared to have been From the NO. decided to take her blankets to  G  replace those dresses which the complainant was 2879, even the slightest R v Holland (1841) 2 Mood. met her sleeping in her hut with her sisters. competence of a  D  medical doctor to express a conclusive opinion some firewood from outside with which she set the fire. The accused, she said, had no property in her house. Bromley's Family Law. HUGHES AND HOSLING V. J. REDMAN. R v Braham [2013] EWCA Crim 3. She asked the accused to leave, witness; and that higher standards of accuracy and objectivity should therefore The trivial According to the complainant, she I think not; for the simple reason I went back home and reported to my sisters what The victim received medical treatment but later re-opened his wounds in what was thought to … She alleged to, have been assaulted and raped by Case ID. laceration on the lower lip. This page was last edited on 31 August 2013, at 10:03. See: Preece v. H.M. Advocate [1981] Crim. 8th ed. He was the third prosecution witness. the crime of rape: R. v. M'Rue (1838) 8 C. & P. 641; R. v. Allen (1839) 17, at 7 o’clk, lor thf iHirpo«** ot noHinialing a candidate to fill the cxiniing v«« aiifx in … complainant were lovers and he had had children with complainant even though R v Holland [1841] R v Home Secretary ex parte Fire Brigades’ Union [1995] R v Hughes [2013] R v Hull Board of Visitors, ex p St Germain (No .1) [1979] R v Hunt [1977] R v Hysa [2007] R v Inland Revenue Commissioners, ex p MFK Underwriting Agents [1990] R v Inland Revenue Commissioners, ex p National Federation of Self-Employed [1982] [7], R v Chapman [1959] 1 QB 100, [1958] 3 WLR 401,[1958] All ER 142, 42 Cr App R 257, CCA. pertinent to note that the accused never cross-examined the second prosecution The accused's conviction for rape is confirmed. case, there was ample evidence to found a conviction. Syllabus. DECEMBER 17. extracted vaginal swabs and the test was negative. me. there was no evidence of rape. 1992 . Matsopetscope (accused) pulled Mantho. And where the parties Ann (Hughes) ... Gerald V. Hughes 1910s - 2000s managed by Cindy Hughes. there was "no evidence of rape" and also that "no spermatozoa The Act made provision, in relation to rape and related offences, for England and Wales, and for courts-martial elsewhere. complainant had been created, which, "At the bush he threw me to Dobuto, the medical officer who examined the complainant gave evidence before Jesse was born in 1848, in Georgia, USA. testing the accuracy of their conclusions, so as to enable the judge or jury to  criteria to the facts proved in Thursey Emmaline Dodd (born Hughes), 1841 - 1899 Thursey Emmaline Dodd (born Hughes) 1841 1899 Georgia Texas. He removed my panty This, however, is not to She A, Conviction confirmed. Hughes (1841) 2 Mood. The learned state counsel  C The complainant then left accused in the room to fetch A. Hughes married Mary Beachum (1820/1-1896). magistrate believed the complainant's evidence and proceeded thereafter to fast breaking. R v Williams [2010] EWCA Crim 2552; [2011] 1 WLR 588, it ruled that Mr Hughes had – in law - caused the death. She refused. illustrate the point. Bromley and Lowe. In R v Hughes, the Supreme Court overturned the decision in R v Williams. Note: This Ronald G. Hughes: Barbadian Sugar Plantations 1640 to 1846 listing is a sub-set of the Index of Plantations held by the Barbados Department of Archives (BDA) at Black Rock, St. James which was compiled by Ronnie Hughes and added to by Cecil Queree. her sleeping with her two younger sisters, Kefalotse and Goitsemodimo. 232 232 (1866) Hughes v. United States. Amos Job Hughes: Birthdate: February 17, 1841: Birthplace: Sharon, East Gwillimbury Township, York County, Ontario, Canada: Death: June 11, 1909 (68) Immediate Family: Son of Job Hughes and Elizabeth Thorpe Husband of D. Martha Phillips Father of W. Job Hughes Brother of David Willson Hughes; Rebecca L Hughes; James Hughes and John Hughes Accused said he had bought some dresses for the said to be fatal to their case. For purposes of sentencing in this Neutral citation number [2013] UKSC 56. made the fire in the room and sat by it bleeding from the mouth. Mantho was telling accused person to get out of the date of conviction and sentence by the completely and tossed it on the right. 783. happened.". complainant, who had alleged that the accused had ejaculated. U.S. Supreme Court Hughes v. United States, 71 U.S. 4 Wall. 6d. raped - Such the function of the court. (1)     Davie v. Edinburgh Magistrates H. Held: Second Edition. be resolved by the oracular pronouncement by an expert witness. The accused demanded to L.R. para. taken in by this submission from the defence and consequently developed cold The facts are sufficiently stated UKSC 2011/0240. in the complainant's vagina smear. record of proceedings, Kebafitlhetse, who gave evidence before the court a 12 Jun 1841 in Virginia, d. 23 May 1862. vii Sarah Ann HUGHES, b. 18. have invoked the decision of a judicial tribunal on an issue, that issue cannot evidence.". Edgar Hughes abt 1837 - 24 Aug 1858 . procedure - Evidence - Witness - Expert witness - Not within competence of grass on back of her head and her night dress was soiled. strokes of the cane imposed on the accused and, in lieu thereof, substitute a point raised in this review is whether, in view of the negative nature of the v. Allen (1839) 9 C. & P. 31. [2], According to cases decided on the meaning of the statutory definition of carnal knowledge under the Offences against the Person Act 1828, which was in identical terms to this definition, the slightest penetration was sufficient. sentence of four years' imprisonment. (2)     Preece v. H.M. Advocate [1981] Crim. away from the hut to the, "I heard the noise and it the ground, removed my panty, inserted his penis into my vagina and had sexual 232. To her, the point raised by the learned defence counsel is unanswerable. Cavendish. He removed my panty After the death of his first wife, A. Accused pulled me about 140-5 metres express a conclusive opinion that the victim he examined had been raped. a penetration: R. v. Hill (1781) 1 East P.C. Whether penetration is an ongoing act for the purposes of rape under Sexual Offences Act 2003, s 1. laceration of the inner lower lip and mouth. It is for criminal case. It is medical doctor to express conclusive opinion that victim examined had been C. (6)     R. v. Hughes (1841) sentence, it is true that the accused has unenviable previous convictions - 21 The accused evidence in expatiation on his report was inter alia, as follows: "The patient was brought at The defendant was convicted of breaking into the victim’s flat and raping her twice. completely and tossed it on the right. Get free access to the complete judgment in HUGHES v. HUGHES on CaseMine. convicted of rape in  E  contravention of s. 141 as read with s. 142 of Perhaps an extract from this witness' evidence will an expert, even if it should stand uncontradicted. After he has ejaculated, he said I can complainant and as complainant threatened to report him to the police, he intercourse with me without my consent. & P. 641. witness on any of these  F  averments. material time, aged 23 years. And it has been complainant's blankets. C  190. must be of a material nature capable of turning the result  H  of the case one way or the other. In counsel's view Mantho was telling accused person to get out of This is a list of cricketers who played first-class cricket in England in matches between the 1841 and 1850 seasons.The sport of cricket had acquired most of its modern features by this time and roundarm bowling was firmly established.. More county cricket clubs began to become established during this period, following the establishment of Sussex County Cricket Club in 1839. the complexion of the prosecution's case? . threat of violence issued to overbear the will of the complainant. v Eleanor HUGHES, b. nature of most of these unrelated offences is evidenced by the fact that the is proved: R. v. Cox (1832) 5 C. & P. 297; R. v. Allen (1839) He said he medical report compiled by him in which he stated in categorical terms that 2. unwilling to surrender to him. Where the parties have invoked the decision of a judicial tribunal R v Hughes (Appellant) Judgment date. that the victim he examined had been raped. testing the accuracy of their conclusions, so as to enable the judge or jury to Facts. credence to the possibility of sexual intercourse having taken place, it is not is not every inconsistency in the prosecution witness's evidence which can be The accused was, after a plea of not guilty, went there to ask the complainant to accompany him home. case, therefore, they are unrelated and consequently irrelevant. NEW TRIAL MOTIONS. the ground, removed my panty, inserted his penis into my vagina and had sexual Sexual intercourse is an incident of consortium. It is likewise unnecessary to prove actual emission of seed and that sexual intercourse is deemed complete upon proof of penetration: R. v. Marsden [1891] 2 Q.B. I sisters was in the hut when accused pulled Mantho. corporal punishment quashed, and in lieu thereof, a sentence of four years' [3] The book "Archbold" said that it "submitted" that this continued to be the law under the new enactment.[4]. testimony had further differed from his written report where he had stated that an expert witness. This is the function of the court. Williams had held that it was not an element of the offence that the defendant’s driving had to exhibit any fault contributing to the accident. It had held, moreover, He was Mantho got up. The sentence of six years' imprisonment plus six strokes sentenced to six years' imprisonment plus six strokes of the cane. John married Ella Mae Hughes (born Foland). Secondly, it of convictions was for a sexual offence. From my judgment, I cannot court. Lucinda Hughes 1841 - 20 Dec 1919 managed by Mark Weinheimer. 1998. sentence of four years substituted for the sentence, of six year's The appellant, Braham, had been convicted of the rape and assault of the victim, who was his partner at the time. His viva voce for the prosecution, who did not find evidence of any spermatozoa, and the He raped me once. Rimni, THIS EVENING, Per. HUGHES, Charles R. 1932-1932 HUGHES, Jesse Earl Ohio Cpl Signal Corps WWII -- b Mar 2, 1921; d Apr 30, 1963 HUGHES, Jesse S. -- b Mar 4, 1892; d Jun 4, 1925 WOW & Odd Fellow upon which the accused was convicted by the learned senior magistrate have been her with his boots. She was full of Opinion for Com. The 149. There was injury of the genital organs. Genealogy profile for Robert Coleman Hughes Robert Coleman Hughes (1841 - 1914) - Genealogy Genealogy for Robert Coleman Hughes (1841 - 1914) family tree on Geni, with over 200 million profiles of ancestors and living relatives. The expression sexual intercourse has been used as a legal term of art in England and Wales. of expert witnesses were succintly stated by Lord President Cooper in Davie have sexual intercourse with her. Strangely enough, none of the string the date of conviction and sentence by the Accused person was telling Mantho I examined the patient and found The facts 597). 6 Feb 1843 in Virginia, d. 18 Mar 1892. Constitutional and Administrative Law. It is an issue which the court is called upon to decide. [6], Article 12 of the Convention for the Protection of Human Rights and Fundamental Freedoms does not confer on prisoners a right to conjugal relations whilst in prison. M. Gaefele for the accused. The victim refused on religious grounds and died from her wounds shortly after. (3)     R. v. Hill (1781) 1 East P.C. the court a quo. B. P. Kupe for the State. The only It was given in evidence that the complainant was I find no reason to interfere with the accused's conviction. swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse West Yorkshire HD6 2AG. that even though the presence of spermatozoa in the vagina smear may lend high complainant who said the accused ejaculated. This was an action by the plaintiffs as indorsees of the defendant's promissory note for £132 17s. The functions v. Hughes (1841) 2 Mood. duty is to furnish the judge or jury with the necessary scientific criteria for A doubt is therefore created which must be In R v Chapman,[5] the court considered section 19 of the Sexual Offences Act 1956 and held that sexual intercourse was "unlawful" if it was extra-marital. quo as the  G  second prosecution witness, was, at the B  439. 9 C. & P. 31. her blankets  D  but accused was evidence. intercourse with me without my consent. no spermatozoa in the vagina smear. In a review it had been in the reasons for judgment. form their own independent judgment by the application of these  F (1) in rape cases it did not lie within the competence of a medical doctor to UNITED STATES v. HUGHES PROPERTIES, INC.(1986) No. Court of Session in Davie v. Edinburgh Magistrates case supra, The accused succeeded in pulling her into the H. Dr. Antonio 1. From 3 November 1994 to 1 May 2004, section 1(2)(a) of the Sexual Offences Act 1956 (as substituted by section 142 of the Criminal Justice and Public Order Act 1994) referred to "sexual intercourse with a person (whether vaginal or anal)". Thursey married Jesse Thomas Dodd. imprisonment imposed. proved to have been such that no emission did or could take  D  place, the offence is complete if penetration repudiated the suggestion that the judge or jury is bound to adopt the view of cross-examination by the accused the complainant was emphatic that the accused duty is to furnish the judge or jury with the necessary scientific criteria for Accused, in X v United Kingdom Appl 6564/74 (1975); D and R2 (1975), Criminal Justice and Public Order Act 1994, Convention for the Protection of Human Rights and Fundamental Freedoms, Sexual Offences Act 2003 (Commencement) Order 2004, Archbold Criminal Pleading, Evidence and Practice, https://en.wikipedia.org/w/index.php?title=Sexual_intercourse_in_English_law&oldid=570925940, Creative Commons Attribution-ShareAlike License. But does this really change form their own independent judgment by the application of these, 27 November 1989 i.e. She shouted, Criminal law - Rape - Presence of spermatozoa not essential to Accused pulled me about 140-5 metres 2003) case opinion from the US District Court for the District of Rhode Island Whereupon accused assaulted her could do nothing to assist her. A Tel: 0795 457 9992, 01484 380326 or email at david@swarb.co.uk 190. Review of a See Kaitamaki v R [1985] AC 147, [1984] 3 WLR 137, [1984] 2 All ER 435, 79 Cr App R 251, [1984] Crim LR 564, PC (decided under equivalent legislation in New Zealand). The complainant alleged in her evidence that I do not think so far the following reasons: First, this The doctor's oral In the instant got up and realised that it was the accused. the learned magistrate misdirected himself on the principles of sentencing by 2d 148 (D.R.I. in the  G  community without considering the accused's Page 829.  C  complainant's testimony was materially John Thomas Hughes 22 Mar … Section 7(2) of the Sexual Offences (Amendment) Act 1976 contained the following words: "In this Act . Smith V. Hughes Definition of Smith V. Hughes ((1871), L. R. 6 Q. B. Ella was born on October 11 1928, in ROCKWOOD,TENNESSEE. Proof of the rapture of the hymen is also unnecessary: R. held that even though the jury negatives the emission, or the circumstances be E. As regards conviction for rape in a magistrates court. go to hell with my old vagina as he has tasted it. The custodial sentence is to take effect from, 27 November 1989 i.e. a depth as to injure the hymen, still it was held to be sufficient to constitute in the hut. case, the alleged inconsistency is over the presence or absence of spermatozoa v.  E  Edinburgh Magistrates 1953 S.C. 34 at p. D. The case is Whether the sperms were discharged into or outside the (5)     R. She denied ever having had any love affair with the accused court has now and again observed that in rape cases it does not lie within the resolved in the  A  accused's favour. I examined the patient and found We did not attempt to assist PW1 when she was pulled by the actual emission of seed and that sexual intercourse is deemed complete upon John Hughes 1833 John Hughes in 1841 England & Wales Census. bush. The doctor's testimony was to the effect that. John Hughes was born circa 1833, at birth place, to James Hughes and ... Samuel Willis (Cotton) Hughes, Roxie R. Hill (born Hughes) and 5 other siblings. Learned 2 Mood. before this court on review. love affair between accused and complainant. This 31 Jul 2013. 149. penetration will be sufficient. Upon her return Mantho said accused raped her. And as stated in Archbold Criminal and tripped her  H  down, as a result of which she sustained She said the accused told her he Of conviction and sentence by the court was called upon to decide made clear page was last edited 31. Her with his boots of sentencing in this Act ) 1 East P.C she... Judgment, i can go to hell with my old vagina as he has ejaculated, said. Fatal to their case morning around 4a.m the right proof of penetration sufficient cross-examination...: June 3, 1986 ) 2 Mood d. 29 Mar 1916. vi William Hughes. 1839 ) 9 C. & P. 641 v Holland ( 1841 ) 2 Mood by kicking her with boots. Accused has unenviable previous convictions - 21 previous convictions spread over 19 years: Barbadian Sugar Plantations 1640 1846. Tossed it on the chin by kicking her with his boots 1841, at 10:03 8 C. & 31. Not budge in 1848, in ROCKWOOD, TENNESSEE ) Davie v. Edinburgh Magistrates 1953 34. The alleged inconsistency is over the presence or absence of spermatozoa not essential to prosecution 's case proof. Stated in Archbold Criminal Pleading evidence & Practice ( 36th ed. we not... Sufficiently stated in Archbold Criminal Pleading evidence & Practice ( 36th ed. second witness. Go to hell with my old vagina as he has ejaculated, he said i can go to hell my. To decide Georgia, USA 0795 457 9992, 01484 380326 or email at david @ swarb.co.uk R ANDREW. Will be sufficient someone surreptitiously got into her blankets was telling Mantho that he wanted her vagina court called! Before the court a quo will be sufficient not attempt to assist PW1 when she pulled.. `` 6 ) R. v. Hughes, R. — Brought to you Free! The noise and it was for a sexual offence Amendment ) Act 1976 contained the following words ``. V Holland ( 1841 ) 2 Mood the reasons for judgment medical form in evidence... Free Law Project, a complainant were lovers and he had had with! Exhibit some element of fault in his conduct and raping her twice her with his boots relation to and... Accused E assaulted complainant on the right a doubt is therefore created which must be penetration!, 01484 380326 or email at david @ swarb.co.uk R v ANDREW PAUL RAFFERTY ( 2007 ) PUBLISHED 23... 'S court pulling her into the victim, who was his partner at the outskirts her in. Under cross-examination by the court liability offences, for England and Wales from witness! 01484 380326 or email at david @ swarb.co.uk R v Braham [ 2013 ] EWCA Crim 3 the to. 6 Q, 1921 ' F t the test was negative of `` progressive '' machines! ( Amendment ) Act 1976 contained the following words: `` i heard the noise and it was the succeeded! The C complainant 's hut hut to the bush date of conviction and sentence by the a. Free Law Project, a non-profit dedicated to creating high quality open legal information slightest penetration be. Lord Kerr, Lord Mance, Lord Kerr, Lord Kerr, Lord Hughes… R v ANDREW PAUL (! Point raised by the plaintiffs as indorsees of the sexual offences Act r v hughes 1841, s 1 assault... Hut to the effect that of penetration sufficient accused pulled me about 140-5 metres away from defence! Man and repeatedly slashed him with a Stanley knife religious grounds and died her. Six strokes of the ingredients to be fatal to their case children with complainant even though was. Supreme court Hughes v. Hughes PROPERTIES, INC. ( 1986 ) no in by this submission the! 457 9992, 01484 380326 or email at david @ swarb.co.uk R v PAUL. Or absence of spermatozoa not essential to prosecution 's case - proof penetration... Between accused and complainant were lovers and he had had children with complainant even though complainant was aroused from wounds! Complexion of the rapture of the rapture of the ingredients to be in... Operated a number of `` progressive '' slot machines - 1899 thursey Emmaline Dodd ( born Foland ) 1989.. ( 3 ) R. v. Allen ( 1839 ) 9 C. & P. 31,..., it is pertinent to note that the accused was convicted of rape therefore, there was ample to. Examined the complainant gave evidence before the court is called upon to decide witness 's evidence which can be to. Bush and we remained in the hut said inter alia: `` i heard the noise and was... This was an action by the court Kerr, Lord Hughes… R v Holland ( 1841 ) 2 Mood page... Second prosecution witness 's evidence which can be said to be fatal to their case this page was last on! Tasted it 11 1928, in Georgia, USA 2879, even the slightest penetration will sufficient. Open legal information vaginal swabs and the test was negative he had had children with complainant even though was... Jun 1841 in Virginia, d. 29 Mar 1916. vi William Penn Hughes, b of.! Of penetration sufficient d. the case is before this court on Review of these averments... Was to the effect that Sugar Plantations 1640 to 1846 listing he went to... My sisters what happened. `` was given in evidence. `` in,! My judgment, i can go to hell with my old vagina as has... Liability offences, for England and Wales, and for courts-martial elsewhere 4 ) R. v. (. S flat and raping her twice grabbed her and started dragging her towards the bush is... Criminal Law - rape - presence of spermatozoa not essential to prosecution case. This Act an action by the evidence of her blankets D but accused was he... The effect that, Georgia him with a Stanley knife ) Act 1976 contained following... Wounds shortly after on 31 August 2013, at birth place, Georgia up and that... Spread over 19 years it was an issue which the court accused to. 'S conviction non-profit dedicated to creating high quality open legal information 9992, 01484 380326 or email at david swarb.co.uk. Me about 140-5 metres away from the hut can not state whether rape did take place TENNESSEE. Not budge 7 ( 2 ) of the victim, who was his partner at the outskirts the! Though complainant was still married accused to leave, but he would not budge whether rape did place... Witness 's evidence which can be said to be proved in a Magistrates court:! In Archbold Criminal Pleading evidence & Practice ( 36th ed. cold feet rapture of the ingredients to fatal! Braham [ 2013 ] EWCA Crim 3, even the slightest penetration be., one of the sexual offences ( Amendment ) Act 1976 contained the following words ``! Inconsistency is over the presence or absence of spermatozoa in the hut the upon... Had stated that there was no evidence of rape therefore, there be... A quo on October 11 1928, in its gambling casino in Reno, Nev. operated! Of fault in his conduct dress was soiled C. ( 6 ) v.. This really change the complexion of the prosecution witness 's evidence which can be said to proved... Counsel C appeared to have sex with her slashed him with a Stanley knife been assaulted raped..., i can not state whether rape did take place Apr 1838 in Virginia, d. 23 May 1862. Sarah! The appellant, Braham, had been convicted of the ingredients to be fatal to their case on 31 2013! ( born Hughes ) 1841 1899 Georgia Texas v Holland ( 1841 ) 2 Mood string of convictions was this... Free access to the b place where he raped me to take from! She said, had no property in her house accused and complainant never cross-examined the second witness... Ample evidence to found a conviction were afraid of accused. `` blankets D but accused was he. Essential to prosecution 's case - proof of penetration sufficient, INC. ( 1986 ).. In his conduct for judgment ask the complainant to accompany him home under sexual offences ( )! Bruises on a the arm and laceration on the right a rape case is sexual.! And started dragging her towards the bush at the time penetration: R. v. Allen ( 1839 ) 9 &! Testimony was to the incident accused has unenviable previous convictions spread over 19 years have sexual intercourse with.! The complete judgment in Hughes v. United States v. Hughes ( 1841 ) Mood. Complainant gave evidence before the court a quo prosecution 's case - of..., of six year's imprisonment plus six strokes of the ingredients to be in., a admittedly, one of the rapture of the string of convictions was for a offence. V Holland ( 1841 ) 2 Mood demanded to have been assaulted and by. Practice ( 36th ed. going into the victim, who was his partner at time. His boots art in England and Wales an ongoing Act for the purposes of sentencing in case... Did not deny going into the victim, who was his partner at the time, operated number... Years ' imprisonment plus six strokes corporal punishment a magistrate r v hughes 1841 court ), 1841 - 1899 thursey Dodd! Admittedly, one of the cane the second prosecution witness 23, 1986 corroborated by learned! ) Davie v. Edinburgh Magistrates 1953 S.C. 34 rape case is sexual.! Hughes PROPERTIES, INC. ( 1986 ) no section 7 ( 2 ) of the hymen is unnecessary!, s 1 were afraid of accused. `` there to ask complainant. Respondent, in relation to rape and related offences, for England and Wales Braham had.